It is not unusual on construction sites, where you have a variety of different employers present, that disputes erupt that impact the entire work site. Sometimes this can result in a number of different forms of employee protest and this decision by an Administrative Law Judge, which issued on December 8, 2017, provides a good framework for analyzing what is lawful versus unlawful conduct by an employer in responding to such activity.
NEW NLRB GC RESETS THE CLOCK
Peter Robb, the new General Counsel for the NLRB, issued GC Memo 18-02 on December 1, 2017 that puts the Regional Offices on notice that any “significant legal issues” are to be submitted to Advice. Significant legal issues are defined to “include cases over the last 8 years that overruled precedent and involved one or
Non-Union Preference in Hiring CAN be Lawful
In SouthCoast Hospital Group, Inc. the NLRB originally found that the Hospital violated 8(a)(1) and (3) of the Act by maintaining and enforcing a hiring/transfer policy (HR 4.06) in which the Hospital gave preference to unrepresented employees over represented employees when filling positions at its non-union facilities. The Hospital, in responding to these allegations
Micro-Units Going, Going…Gone?
With the new make-up of the NLRB resulting in three Republicans sitting on the Board there is no doubt in my mind that the Specialty Healthcare standard in determining appropriate bargaining units will be one of the first of the “new standards” to disappear.
Finally! NLRB at Full Capacity
For many of us who have been watching the changes made in various administrative agencies the appointments by President Trump to fill the two empty positions on the NLRB is a key start in making changes in a number of over-reaching decisions during the Obama administration. With the changeover to a new General Counsel in
Dodging the Weingarten Bullet Again
The National Labor Relations Board issued an Order on May 3, 2017 in which it made clear that the Board does not wish to exercise its discretionary authority to expand Weingarten Rights to non-union employees via rule making. The potential for the expansion of the Weingarten Rights to non-union employees has been in place ever
NLRB ALJ Slams the Brakes on Right-to-Work
Employers subject to a collective bargaining agreement (CBA) must proceed cautiously in determining how to handle dues checkoff and employee communications following implementation of any right-to-work laws. A recent decision by an Administrative Law Judge (ALJ) for the National Labor Relations Board (NLRB) declares that contractual dues checkoff provisions are not union security devices and
Why Missouri’s New Right to Work Law Does Not Apply to All Contractors
You have probably heard that Missouri joined 27 other states as a “Right-to-Work” state when Governor Greitens signed SB19 into law on Monday, February 6, 2016. Now you may be wondering what means for you.
The right-to-work law prohibits requiring employees to become a union member or to pay union dues as a condition of
Opening Pandora’s Box – NLRB Finds Student Athletes in Private Colleges and Universities to be Employees
Sometimes common sense is not so common. By a Memorandum dated January 31, 2017, the General Counsel of the NLRB has taken the position that student athletes at private colleges and universities are employees within the meaning of the National Labor Relations Act, notwithstanding the Board’s issuance of its decision of Northwestern University in 2015
Right-To-Work in Missouri – What Does It All Mean?
Missouri’s new Republican governor has indicated that he fully supports right-to-work legislation, which failed to get past previous governor Jay Nixon in its last go-round. With that being the case, what would a right-to-work law mean for the employers in the state who have collective bargaining agreements with labor organizations?
First, right-to-work legislation does not